Fillable Printable Month to Month Rental Agreement Form - California

Month to Month Rental Agreement Form - California

MONTH-TO-MONTH RESIDENTIAL RENTAL AGREEMENT

This is a legally binding agreement. READ IT CAREFULLY. It is intended to help promote

harmony by clarifying the rights, duties, and responsibilities of property owners, managers, and

renters. Additions and/or deletions may be made by having all parties initial each change; however,

IT CANNOT BE CHANGED INTO A LEASE.

Verbal agreements often lead to misunderstanding and confusion. MAKE SURE THAT ALL

AGREEMENTS ARE MADE IN WRITING.

Both the Owner/Agent and the Renter(s) agree to fulll the conditions listed below:

This Agreement is a Month-to Month Rental Agreement and shall begin (date) ________________

The OWNER/AGENT is: ________________________________________________________

The RENTER(S) is/are: __________________________________________________________

ADDRESS of the RENTAL

1. RENT

Rent shall be $ per month, payable in ad-

vance on the day of each month. Rent

includes the following: (check each item included)

Gas Garbage

Electric Water

Dishwasher Range

Refrigerator Washer

Furnishings Dryer

Cable TV Internet

Other (Specify) Parking

The Renter(s) will pay rent at the following address:

2. FAILURE TO PAY RENT

If rent is not paid within ve (5) days after due date,

the Renter agrees to pay a charge of $

(not more than one day’s rent) for late rent and/or

each dishonored bank check, unless waived by written

agreement. If the Renter is unable to pay rent when

due, the Owner has the legal right to serve notice to

pay rent or vacate within three (3) days, as provided by

California Code of Civil Procedures Section 1161.

3. OCCUPANCY AND SUBLETTING

A) The rental is for the residential use of the signers

of this Agreement and is limited to (# of)

occupants.

B) The Renter(s) will not sublet, assign, share or rent

space, or maintain guests beyond days

a month without the prior written consent of the

Owner.

C) This Agreement is between the Owner/Agent

and each renter individually. IN THE EVENT OF

DEFAULT BY ANY ONE SIGNER, EACH AND

EVERY REMAINING SIGNER SHALL BE

RESPONSIBLE FOR ALL PROVISIONS OF THIS

AGREEMENT.

4. PERMITTED ITEMS

Renter(s) may have the following items on the

property:

Animals

Vehicles

Other

All vehicles are to be parked in the following

designated areas:

5. DEPOSITS

A) The Renter shall pay the Owner/Agent the follow-

ing refundable security deposit:

$________________________________________

which shall not exceed two months rent for unfurnished

property and three months rent for furnished.

1. When the Renter moves out the Owner may use the

deposit solely for the purpose of:

i. Repairing damages for which the Renter is

responsible,

ii. Cleaning beyond normal wear and tear,

iii. Paying due and unpaid rent and/or utilities

INTEREST:

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CAUTION:

debris, lth, rubbish, garbage, and infestation by

rats, rodents, and vermin at the commencement

of the rental agreement;

7. An adequate number of appropriate receptacles for

garbage and rubbish;

8. Floors, stairways and railings;

9. Smoke detectors and carbon-monoxide detectors.

The Owner/Agent further agrees to maintain peace

and quiet in those areas of the building(s) not subject

to the Renter’s control.

C) RENTER’S DUTIES

Renter(s) agree to:

1. Keep the premises as clean and sanitary as the

condition of the premises permits;

2. Regularly dispose of all rubbish, garbage, and other

waste in a clean and sanitary manner;

3. Properly use and operate all electrical, gas, and

plumbing xtures and keep them as clean and

sanitary as their condition permits;

4. Not, nor permit anyone on the premises within

her/his control to, willfully or wantonly destroy,

deface, damage, impair, alter, or remove any part

of the structure, facilities, or equipment;

5. Leave the rental in the same condition as when

possession was given to her or him, reasonable

wear, excepted; and

6. Not to cause or allow unnecessary noise especially

during the quiet times under the city or county

noise and/or "party" ordinance(s) (10:00 p.m. to

8:00 a.m.).

D) ADDITIONAL DUTIES

The maintenance of the following additional items shall

be the responsibility of the Renter(s):

E) DESTRUCTION OF THE RENTAL

If, beyond the control of either party, the rental

becomes partially or totally destroyed during the

term of this Agreement, either party may thereupon

terminate this agreement upon reasonable notice.

F) PRIVACY

As required by law, the landlord or principal tenant may

enter only for the following reasons: (a) in case of an

emergency; (b) to make necessary or agreed upon

repairs, decorations, or improvements, supply

necessary or agreed-upon services, or exhibit the

dwelling unit to prospective or actual purchasers,

mortgagees, tenants, workers, or contractors; (c) when

B) The Owner shall pay the Renter interest on all

security deposits, in all areas of Santa Cruz County,

excluding Scotts Valley, pursuant to the current local

ordinance and rates.

C) The Owner and the Renter shall conduct a pre-move

out inspection of the rental within two weeks before

the Renter's move-out date at which time the Owner

shall inform the Renter of needed cleaning and/or

repairs IN WRITING at that time. The Renter shall

have the right to make any repairs identied at the

pre-move out inspection at his or her expense before

the move out date without deduction from the security

deposit. Within 21 days after the Renter moves out,

the Owner shall return the deposit to the Renter with

accrued interest, less any deductions the owner is

entitled to under this agreement. If any deductions

are made, the owner shall provide the Renter with a

written itemized statement of expenses and receipts

for cleaning or repairs for which deductions were made

from the deposit.

Renters with pets shall pay the Owner an additional

refundable pet deposit of:

$________________________________________.

Total deposit may not exceed legal limits.

No deposit may be charged for any pet which is

a service animal necessary for the management or

treatment of a disability.

6. MAINTENANCE OF THE RENTAL PROPERTY

A) COST

The cost of repairing or replacing items damaged

beyond wear and tear will be paid by the Owner/Agent

unless the Renter willfully or through lack of due care

caused or permitted the damage.

B) OWNER’S/AGENT’S DUTIES

The Owner shall keep the rental property

tenantable, safe, sanitary and in compliance with

all state and local housing, building, and health

requirements applicable to the rental property; shall

have all required inspections and certications, if any,

made; shall maintain the mechanical equipment and

utilities in good operating condition; and shall maintain

the following in good repair and clean condition:

1. Effective waterproong and weather protection

of room and exterior walls including windows and

doors;

2. Plumbing xtures and gas facilities;

3. A water supply capable of producing hot and

cold running water, furnished to appropriate

xtures and connected to a sewage disposal system

approved under applicable law;

4. Adequate heating facilities;

5. Electrical lighting;

6. Clean and sanitary building, grounds and

appurtenances, free from all accumulations of

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Both Renter and Owner/Agent shall give thirty (30)

days written notice in the event that the rental is to be

vacated. In the event that the tenant has occupied the

rental for more than one year, Owner/Agent shall give

the Renter no less than sixty (60) days written notice

to terminate the tenancy. This notice period may be

lengthened or shortened by written agreement. (Less

than 7 days notice to vacate is prohibited by California

Civil Code Section 1946.)

OTHER CHANGES

The Owner/Agent shall give written notice within ten

(10) days of any change in managers, agents for receipt

of rent, and owner (or agents authorized to act for the

owner). Such notices shall include the names, addresses,

and phone numbers of such persons.

RESPONSIBILITY

Owner/Agent’s re and extended coverage insurance

covers the building only. It is suggested that Renter

carry a standard renter’s insurance policy to cover

personal property.

8. DISPUTES AND REMEDIES

If a dispute occurs relating to the rental of this

property, either the Owner/Agent or the Renter may

seek mediation before ling Small Claims or other

civil action. The prevailing party may recover his or

her reasonable costs and attorney’s fees incurred in a

legal action to enforce or interpret the provisions of

this agreement or to recover possession of the rental

property.

9. CONDITION OF RENTAL PROPERTY

CHECKLIST

The Condition of Rental Property Checklist is used to

avoid dissagreements over the condition of the rental.

It is designed to protect equally the Owner/Agent and

the Renter from being held responsible for damages

they did not cause, and to minimize disputes over the

return of deposits (See Checklist for instructions). The

Condition of Property Checklist is available online at

housing.ucsc.edu/cro/pdf/condition-checklist.pdf

The Owner/Agent specically agrees to complete the

following repairs or improvements by the following

dates:

Repair or Improvement Date

the tenant has abandoned or surrendered the premises;

or (d) pursuant to court order. The landlord must

give the tenant written twenty-four (24) hours notice

of intent to enter and may enter only during normal

business hours, excepting by necessity, cases (a) and

G) RETALIATION RESTRICTIONS

The Renter has the right to request repairs from the

Landlord without fear of retaliation and, in appropriate

circumstances, to withhold rent.

In compliance with the law, the Owner/Agent may not

threaten to or actually reduce or terminate any services

to the Renter, raise the rent, or evict the Renter if the

Owner/Agent’s purpose is retaliation against the Renter

for seeking the following remedies:

1. Repair and Deduct:

The Renter shall give a dated written notice (du-

plicated) to the Owner/Agent to repair or correct

defects which are the Owner/Agent’s responsibil-

ity as listed in subparagraph (B) above. After a rea-

sonable time, if the Renter has fullled his or her

duties under the law, he or she may repair uncor-

rected defects or have them repaired and deduct

the cost of repair from his or her next month’s

rent. Repairs must be made in a competent manner

at reasonable cost. This remedy cannot be used

more than twice in a 12 month period and cannot

exceed one month’s rent for each, as provided by

California Civil Code Section 1942.

2. Reporting Code Violations

The Renter may report housing, building, or health

and safety code violations to the City or County

Building Inspection Department, the County

Environmental Health Department, and/or other

governmental authorities.

3. Tenant Organizing:

The Tenant has the right to organize other ten-

ants, or participate in an organization advocating

tenants’ rights.

7. NOTICES

Notices and requests shall be made IN WRITING

and given to the Owner/Agent at the Owner/Agent’s

address, or place designated by Owner/Agent, and to

the Renter at the rental property.

RENT NOTICES

The Renter shall be given written notice of rent changes

or changes in the terms of the tenancy not less than

thirty (30) days in advance of the day the rent is due.

Some notices require sixty (60) days advance notice.

VACATE NOTICES

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Consumer Affairs Division

District Attorney’s Ofce

701 Ocean Street Ste. 200

Santa Cruz, CA 95060

(831) 454-2128

California Rural Legal Assistance

501 D Soquel Drive

Santa Cruz, CA 95060

(831) 688-6535

3/2015

ADDITIONAL AGREEMENTS

Megan's Law

Notice: Pursuant To Section 290.46 of the Penal Code, information about specied registered sex offenders is

made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.

ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the

offender resides or the community of residence and ZIP Code in which he or she resides.

Lead-Based Paint Disclosure

Tenant(s) acknowledge(s) receipt of "Disclosure of Information on Lead-Based Paint or Lead-

Based Paint Hazards" from landlord/agent. (Required for homes built before 1978.) Available online at

www.epa.gov/region07/citizens/pdf/lead_disclosure_form_rentals.pdf

Tenant(s) acknowledge(s) receipt of the pamphlet Protect Your Family from Lead in Your Home.

(Required for homes built before 1978.) Landlords may call 1-800-424-LEAD or go to

www2.epa.gov/sites/production/les/2013-09/documents/lead_in_your_home_brochure_land_b_w_508.pdf

to obtain a copy of the pamphlet.

CAUTION: THIS IS A LEGALLY BINDING AGREEMENT; MAKE SURE YOU UNDERSTAND

ALL OF ITS PROVISIONS BEFORE SIGNING.

If you do not, talk it over with the other signers of this Agreement and/or seek advice from CRLA listed below.

The signing of this agreement acknowledges the Owner's receipt of $________________ from the Renter for:

$ last month's rent $ security deposit $ rst month's rent

Owner/Agent shall give Renter a copy of this Agreement as required by law. This Agreement is entered into this

______ day of _____________________ and will be effective the ______ day of __________________________

________________________________________ _________________________________________

Owner (print) Renter (print)

________________________________________ _________________________________________

Owner’s Signature Renter’s Signature

________________________________________ _________________________________________

Owner’s Agent (print) Renter (print)

________________________________________ _________________________________________

Owner's Agent Signature Renter's Signature

________________________________________ _________________________________________

Renter (print) Renter (print)

________________________________________ _________________________________________

Renter's Signature Renter's Signature

Community Rentals Ofce

1156 High Street

104 Hahn Student Services

Santa Cruz, CA 95064

(831) 459-4435

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